SUKHVIR KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE accused has preferred the present appeal against the judgment of conviction dated 10.2.2012 holding him guilty under Section 302 and 376 IPC and order of sentence dated 11.2.2012 sentencing him to undergo imprisonment for life under Section 302 IPC and pay a fine of Rs. 10,000/ -, in default thereof to further undergo rigorous imprisonment of one year. He was further sentenced to undergo rigorous imprisonment for ten years under section 376 IPC and pay a fine of Rs. 10,000/ -, in default thereof to further undergo rigorous imprisonment of six months.

(2.) BOTH the substantive sentences were ordered to run concurrently.

(3.) HER above statement was read over to Saroj Rani and after admitted the same to be correct, she thumb marked the same. Since, from the above statement, offence under Section 376 IPC was found to have been committed, therefore, making his endorsement Ex. PH, SHO Gurpreet Singh sent the same to the Police Station for registration of a case through Constable Harjinder Singh. Whereupon, formal FIR Ex. PW6/C was recorded under sections 307, 376 IPC. On the same day, SHO Gupreet Singh, Investigating Officer moved an application Ex. PJ to the Duty Magistrate, Ludhiana for recording the statement of Saroj Rani. Learned Judicial Magistrate Ist Class made her endorsement Ex. PW18/A thereon and reached DMC Hospital, Ludhiana. Making her another endorsement Ex. PW18/B, she sought opinion of the doctor regarding fitness of Saroj Rani to record her statement. The doctor Sh. Shivinder Sobti vide his endorsement Ex. PW18/C declared her fit to make statement.